Collection calls on Cell Phone!!!

Erica-

Did your cellphone company run a credit check on you? If so, the company will be on your report. Since a collector can run reports, they can see that too. All the collector has to do is call up that company and use some phony pretext to get your number.

SK

 

They got mine because I gave it to Sallie Mae when I was trying to get an answer from them. I'm never at home so I figured that I would rather take the call on my cell phone than play phone tag. Anyway, all kinds of people started getting my cell number so it apparantly spreads like a virus. I don't answer if my phone says U (for unavailable). I love call waiting!!!!

 

Isn't it illegal for collection agencies to call on cell phones for a debt? Aren't there rules governing what type of business can and cannot occur on a cell line?

 

"THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE"

Does this look familiar?

 

It is a violation of the FDCPA for a CA to comminicate with you in a manner that cost you money. This law was written before cell phones were everwhere. The idea was that it would prevent collect calls from a CA, or to force you to incur a long distance charge to call them back.

However, the law is very clear. I would write them and notify them that they are violating the FDCPA by calling your cell phone. If they call again, you will sue.

 

I had the same thing happen to me as well. I was disputing w/ Bloomingdale's over some petty stuff (never received bill, them posting payments late, etc.) and they referred my account to a collection agency. This agency BLEW my home phone up. Then (probably from looking at my credit report) saw were I worked and called 411 and got the main number. Then they called the main number and asked for me and of course they were transfered (I have a direct number as well). I guess they got my vmail and on my recording I give my cell phone number as an alternate number if the call has a sense of urgancy. THEY BLEW MY CELL PHONE UP TO THE POINT OF HARASSMENT! I was HOT!!! I finally had to C&D them, then after that they STILL harassed me! I filed a complaint w/ the FTC, Bloomingdale's, and Federated Department Stores Executive Offices and someone high up in Bloomingdale's called me back ASAP and resolved EVERYTHING in a matter of days. The lady deleted all negative info from Bloomingdale's on my credit reports AND opened my account back up. I also received a letter of apology (actually an email).

 

Yes, I am familiar with the statement, MP$40. But your reply still doesn't answer my questions.
Obtaining information re a debt and using said information to *actually collect the debt* are two different things entirely. The first is simply a matter of fact: information is information; the second is a matter of law: there are legal limits to how a debt can be collected.


Erica, I remember reading on a board that the telephone rules for cell phones differ in some respects from that of land lines. One of them was the ability of a collection agency to use a cell line to retrieve a debt. I can't remember the board, and in all probablity - the law has changed since far more people are opting for wire lines instead of land lines.


If I remember where I read it, I'll let you know.

 

Thank you, cable666, for the clarification.

 

I thought that the disclaimer entitled them to use any info that they receive to collect the debt???

At any rate, I guess I'm trying to view this from a different standpoint. The bottom line (IMHO) is that if you truly owe the money, you can't really blame them for trying to collect it. I know there has to be some initial rules and this DOES NOT by any means allow them to harass you.

Look at it this way...if I let someone borrow money from me and they didn't pay me back, I'm going to do whatever it takes to contact them. If a collection agency gets your cell phone number, you can't blame them for INITIALLY calling you. But after they are notified that calling the cell phone isn't cool...then they should respect that.

Don't get me wrong...I'm not on the CA's side...I'm just trying to look at this from all angles.

 

As the original creditor you are not governed by the FDCPA. You can call a debtor's cell phone without violating that law.

However, CA's are regulated by the FDCPA. So they can not call the cell if they are aware that it will cost the debtor money.

 

How would they know this is your cellphone number?

I have a cellphone number that is only a few digits difference in my neighbors home phone number. I don't understand how they would know this were a cellphone when calling, especially if you answer right away.

 

Well, it's illegal for a collector to call you and leave you a number you have to pay to make the call back to them, so why wouldn't the same rule apply to cell phones? You have to pay for incomeing as well as outgoing calls.

I'd point that out to them and send them a stiff bill for using your cellphone to make a collection call.

A real stiff bill.

And then I'd leave them the option to either pay it in cash or US Postal Money order or face the consequences.

 

MP$40,

I appreciate your response and I agree with you. It will be interesting to see if that law changes, since more Americans are using cell phones as their only telephone service nowdays.

At any rate, I have no problem with a company attempting to retrieve a legitimately owed debt, as long as it is within the law.

 

Iguess if the SOL is up they can't collect it. My question is can't you block the number? I can on mine.